THE MANAGING DIRECTOR, TNSTC LTD. versus K.I. BINDU AND ORS.

THE MANAGING DIRECTOR, TNSTC LTD. versus K.I. BINDU AND ORS.

There was no definite material to infer contributory negligence by the deceased. The multiplier of 17 applied by the Tribunal and High Court was on the higher side for a deceased aged 34. A multiplier of 13 is appropriate, reducing the compensation to Rs. 6 lakhs, with specific instructions for deposit and interest.

Parties
Appellant: THE MANAGING DIRECTOR, TNSTC LTD.; Respondent: K.I. BINDU; Respondents: Others (children and mother of deceased)
Jurisdiction
India
Judgment Date
05 October 2005
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal Allowed
Legal Topics
Computation of Compensation, Multiplier Method, Contributory Negligence, Dependency Calculation
Motor Accident Compensation Computation of Compensation Multiplier Method Contributory Negligence Dependency Calculation

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Parties

THE MANAGING DIRECTOR, TNSTC LTD.

Appellant

K.I. BINDU

Respondent

Others (children and mother of deceased)

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the appropriate multiplier was applied for compensation calculation
  2. 2 Whether contributory negligence of the deceased affects compensation awarded

Ratio Decidendi

There was no definite material to infer contributory negligence by the deceased. The multiplier of 17 applied by the Tribunal and High Court was on the higher side for a deceased aged 34. A multiplier of 13 is appropriate, reducing the compensation to Rs. 6 lakhs, with specific instructions for deposit and interest.

Court Disposition

Appeal Allowed

Orders

  • Compensation awarded reduced to Rs. 6 lakhs, payable with 7.5% interest per annum from date of application till payment, after adjustment of amount already paid.
  • Out of Rs. 6 lakhs, Rs. 1.5 lakhs each to be kept in fixed deposit for respondents 1, 2 and 3 for 5 years; for respondents 2 and 3, deposit renewed till they attain majority, under the care of respondent 1.